Dismissed

Nija v. Irinjalakkuda Town Co-Operative Bank

Kerala HC20 Oct 2017WP(C)/29764/2017

Case brief

AI extract

What is this about?

This High Court of Kerala dismissed a writ petition challenging steps for recovery of a defaulted loan by a cooperative bank. The court held that the petitioner failed to comply with an interim order requiring a security deposit for stay, thereby disentitling them to further discretionary relief.

What did the court decide?

No relief granted; writ petition dismissed for non-compliance with interim deposit directions.

Nija Vs Irinjalakkuda Town Co-Operative Bank — Banking and Recovery | Kerala HC (2017)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

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FRIDAY, THE 20TH DAY OF OCTOBER 2017/28TH ASWINA, 1939

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WP(C).No. 29764 of 2017 (U)

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PETITIONER:

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NIJA, W/O.SREENIVASAN, PANAMPILLY HOUSE, KALLETTUMKARA P.O., THRISSUR - 680 683.

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BY ADV. SMT.S.MUMTAZ

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RESPONDENT:

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IRINJALAKKUDA TOWN CO-OPERATIVE BANK, REP. BY THE AUTHORISED OFFICER, IRINJALAKKUDA TOWN CO-OPERATIVE BANK LTD. NO.55, HEAD OFFICE, IRINJALAKKUDA, THRISSUR DISTRICT, PIN - 680 121.

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BY SRI.DEVAPRASANTH.P.J., SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-10-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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mbr/

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WP(C).No. 29764 of 2017 (U)

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APPENDIX

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PETITIONERS' EXHIBITS:

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EXHIBIT P1: TRUE COPY OF POSSESSION NOTICE DTD. 25.8.2017. EXHIBIT P2: TRUE COPY OF REQUEST LETTER SUBMITTED BY THE PETITIONER DATED 7.9.2017.

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RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE mbr/

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A.K.JAYASANKARAN NAMBIAR, J. ........................................................................ W.P.(C).No.29764 Of 2017

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........................................................................ Dated this the 20^th day of October, 2017

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J U D G M E N T

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The petitioner has approached this Court aggrieved by the steps initiated by the respondent bank for recovery of defaulted loan amounts. When the matter came up for admission, this Court had by order dated 15.09.2017 granted an interim stay of recovery on condition that the petitioner deposited an amount of Rs.1,00,000/- within a week from the date of the order. It is submitted by the learned counsel for the petitioner that the petitioner has not complied with the directions in the interim order. Under the said circumstances, I am of the view that the petitioner is not entitled to any discretionary relief from this Court in these proceedings under Article 226 of the Constitution of India. The writ petition fails, and is accordingly dismissed.

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Sd/-

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A.K.JAYASANKARAN NAMBIAR JUDGE

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mns/20.10.17

Nija v. Irinjalakkuda Town Co-Operative Bank

Case brief

What is this about?

What did the court decide?

Nija v. Irinjalakkuda Town Co-Operative Bank

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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